The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-23
M'CAW'S TRIAL FOR MURDER.
The Circumstances of His Crime Told in
Court by One Of His Friends.
Gray Haired Witnesses Who We're Young MeD
When the Murder 0ccurred-Unusual
Interest Manifested in the Case.

The doors of the Criminal Court room had to
be locked yesterday, after the main floor and
galleries were packed, in order to keep back the
hundreds of persons who desired to hear the evil
dence in the McCaw murder trial. Among those
on the inside were many ladies and gentlemen
who were schoolmates of McCaw, and are taking
more than passing nterest in his trial. During
the forenoon the jury box was filed with accept
able men, as follows: John S. Flack, William
N. Huntington. Jeremiah Coble. Joseph McLain,
Charles Dawson. James M. Nelson, john Hor
ton, w. F. Collier. James B. Marshall, William
Bird, w. d. Seaton and Mr.. Smith.
Major Mitchell stated the case of the prosecu-
ton briefly, but McCaws counsel did not say
what their line of defense will be, although it is
known that it will be self defense. The wit
nesses for the prosecution were sworn together.
They are, with but few exceptions, gray haired
men now. They were in their youth when the
murder occurred. and, their testimony showed,
their recolections of the crime have become
very dim.
The first witness was Clarke Jennings. Of
Salem. Mo- At the time of the murder he was
young man residing here, and was a particular
friend of McCaw. He testified that he knew
Foulke by sight only. It so happened that he
was talking with McCaw on the picnic grounds
on the fatal Fourth of July when Foulke came
up. Foulke brought up the trouble the two
had had the night previous in disreputable
house on Mississippi street. and remarked
| to McCaw that if he hadn't been drunk he would
have struck him. McCaw rejoined that it was
good thing he didn't, and suggested that they
adjourn to the commons and fight it out. The
two men started away, and they did go Nc
Cav called upon Jennings and man named
Thorne to come along and help him, and Foulke
! asked young man named Dickev to come along
| and assist him. After they had started Foulke
| laid his hand upon McCaws shoulder. and was
| warned to keep away. When Foulke refused to
| step back McCaw was seen to reach into his hin
pocket and loosen a knife he carried. Jen-
| nings suggested that the two men be separated,
| but it was not done, and they walked on until
| they came to a wagon. They separated. Foulke
went on one side and McCaw the other.
When thew came together at the end of the
tongue Foulke laid his hand McCaws
shoulder again, and as he did so McCaw plunged
/ his knife which he had taken from his pocket
| into Foulke's breast Foulke staggered bacl'
| and said, sPm killed" He died within five min
utes. McCaw clung to his weapon and walkee
rapidly out of the crowd to the fence and climb
| ing over disappeared in the tall grass. MIR. Jen-
| nings saw nothing more of McCaw until 1872,
| when he attended public gathering at Lincoln,
| Ill, and recognized McCaw in the crowd. Nc
Cav came to him, and they talked over the af
| fair. McCaw asked him il he was going to turn
| him over to the authorities. and was told that
the Indianapolis officers were mading no effort
to arrest him, and he apreheuded that he would
not be disturbed. Jennings told him he would
never mention having seen him.
). b. Ludwig, Samuel Amos, j. X. Duval,
Henry Dnvan and others testified to having
been on the ground the day the murder oc-
Cured. Mr.. Amos Foulke die, but did not
| see McCaw do the stabbing, although he was
| near at hand. j. E. Duval attended the picnic.
| He was with McCaw and Jennings when Foulke
came up. He saw the two pass around the
wagon, and saw Foulke dead, but did not see the
| stabbing done. After it was done be Nc
Cav walking toward the fence, and followed
him until he disappeared in the tall
| j M
near the end of the wagon tongue
when the stabb!ne occurred After McCaw had
left. taking his knife with him, the witness found
knife laying by the side of Foulke. which in
Dictated that the latter was preparing to xii
McCaw when the stabbing occurred Henry
Duran knew both of the men, and saw them
both at the picnic grounds on the fatal day. He
was standing whore the killing occurred
and afterward saw McCaw run and jump the
jence into an adjoining field.
The prosecution will get their important evi.
dence in to-day, and will require at least one
day for rebuttal.